REPORT FROM THE COMMISSION ON THE WORKING OF COMMITTEES DURING {SWD(2018) 432 final}

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1 EUROPEAN COMMISSION Brussels, COM(2018) 675 final REPORT FROM THE COMMISSION ON THE WORKING OF COMMITTEES DURING 2017 {SWD(2018) 432 final} EN EN

2 REPORT FROM THE COMMISSION ON THE WORKING OF COMMITTEES DURING 2017 In accordance with Article 10(2) of 182/2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission s exercise of implementing powers 1 (the Comitology Regulation ), the Commission hereby presents the annual report on the working of s for This report gives an overview of developments in the comitology system in 2017 and a summary of the s activities. It is accompanied by a staff working document containing detailed statistics on the work of the individual s. 1. OVERVIEW OF DEVELOPMENTS IN THE COMITOLOGY SYSTEM IN General development As described in the 2013 annnual report 2, all comitology procedures provided for in the old Comitology Decision 3, with the exception of the regulatory procedure with scrutiny, were automatically adapted to the new comitology procedures provided for in the Comitology Regulation ( 182/2011). In 2017, the comitology s were therefore operating under the procedures set out in the Comitology Regulation, i.e. advisory (Article 4) and examination (Article 5), as well as under the regulatory procedure with scrutiny set out in Article 5a of the Comitology Decision. The Interinstitutional Agreement on Better Law-Making of 13 April recalls the need to align the regulatory procedure with scrutiny: "The three institutions acknowledge the need for the alignment of all existing legislation to the legal framework introduced by the Lisbon Treaty, and in particular the need to give high priority to the prompt alignment of all basic acts which still refer to the regulatory procedure with scrutiny. The Commission will propose that latter alignment by the end of 2016." In line with this commitment, the Commission a new proposal for the alignment of the basic acts providing for the regulatory procedure with scrutiny to delegated and implementing acts 5. It also a second proposal, dealing specifically with the alignment of basic acts in the field of justice 6. The interinstitutional negotiations on both files are ongoing. The on Legal Affairs its report on the proposal and received a /2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission s exercise of implementing powers (OJ L 55, , p. 13). Report from the Commission on the working of s during 2013, COM(2014)572 final. Council Decision 1999/468/EC of 28 June 1999 (OJ L 184, , p. 23), as amended by Council Decision 2006/512/EC (OJ C 255, , p. 4). Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 2016 (OJ L 123, , p. 1). Proposal for a Regulation of the European Parliament and of the Council adapting a number of legal acts providing for the use of the regulatory procedure with scrutiny to Articles 290 and 291 of the Treaty on the Functioning of the European Union (COM(2016)799). Proposal for a Regulation of the European Parliament and of the Council adapting a number of legal acts in the area of Justice providing for the use of the regulatory procedure with scrutiny to Article 290 of the Treaty on the Functioning of the European Union (COM(2016)798). 1

3 mandate to enter into negotiations 7. The Council its General Approach on 20 March The Commission on 26 February 2016 a Report on the implementation of Regulation (EU) 182/ In this report, the Commission concluded that the overall legal framework for comitology is functioning well. However, it also pointed at the time to the political problem of "no opinion" outcomes especially in a few very sensitive areas such as the authorisation of genetically modified organisms. Therefore and notably in light of experiences with the authorisation procedure for glyphosate, President Juncker in his State of the Union address in September 2016 announced a Commission initiative to address this problem and to increase accountability, responsibility and transparency on the side of Member States when voting in, and in particular in the. Subsequently, the Commission on 14 February 2017 a proposal for a Regulation of the European Parliament and of the Council amending 182/2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission s exercise of implementing powers (COM(2017) 85 final). This proposal puts forward a number of targeted changes to the functioning of the to address no opinion situations in sensitive areas. The interinstitutional negotiations on this file are ongoing. Negotiations between the three institutions are also ongoing on non-binding criteria for the application of Articles 290 and 291 of the Treaty on the Functioning of the European Union, so the delineation between delegated and implementing acts. In its Communication Better regulation for better results of May 2015, the Commission committed that draft texts for delegated acts and drafts for important implementing acts will be made public for a four week feedback period, allowing stakeholders to submit comments. In 2017, 165 such draft acts were published for public feedback on the Commission's "Have your say" website Development of case law In its judgment of 20 September 2017 in Case C-183/16 11 (Tilly Sabco), the Court of Justice underlined the need to respect the timeframes for the submission of draft implementing acts to the ahead of the vote and to only deviate in well justified cases. In line with Article 3(3) of Regulation 182/2011 the chair has to submit the draft agenda and the draft implementing act to the not less than 14 calendar days before the meeting. The time limit for submission can be shortened in exceptional cases. This possibility is further detailed in the Standard Rules of for s 12, on the basis of which s adopt their rules of procedure. The chair can also set a time limit for the to deliver its opinion on the draft. The time limits have to be proportionate and afford the members early and effective opportunities to examine the draft and express their views Report on the proposal for a regulation of the European Parliament and of the Council adapting a number of legal acts providing for the use of the regulatory procedure with scrutiny to Articles 290 and 291 of the Treaty on the Functioning of the European Union, on Legal Affairs, A8-0020/2018. Proposal for a Regulation of the European Parliament and of the Council adapting a number of legal acts providing for the use of the regulatory procedure with scrutiny to Articles 290 and 291 of the Treaty on the Functioning of the European Union - Partial general approach, 6933/18, 9 March Report from the Commission to the European Parliament and the Council on the implementation of 182/2011, COM(2016)92. Judgment of the Court of Justice of 20 September 2017, Tilly-Sabco v Commission, C-183/16. Standard Rules of for comitology s, OJ C 206, , p

4 2. OVERVIEW OF ACTIVITIES 2.1. Number of s and meetings It is important to distinguish between the comitology s on the one hand, and other entities, in particular expert groups created by the Commission itself, on the other. The latter provide expertise to the Commission 13 in preparing and implementing policy as well as delegated acts, whereas comitology s assist the Commission in the exercise of the implementing powers that have been conferred upon it by basic legal acts. This report focuses exclusively on comitology s. The number of active comitology s in the period 1 January to 31 December 2017 was calculated by sector of activity (see Table I). The figures for the previous year (on 31 December 2016) are also given for purposes of comparison. Sections and configurations are not counted separately as these belong to a parent. TABLE I TOTAL NUMBER OF COMMITTEES Policy sector AGRI (Agriculture and Rural Development BUDG (Budget) 2 2 CLIMA (Climate Action) 5 5 CNECT (Communications Networks, Content and Technology) 6 7 DEVCO (International Cooperation and Development) 5 5 DIGIT (Informatics) 1 1 EAC (Education and Culture) 2 2 ECFIN (Economic and Financial Affairs) 1 1 ECHO (Humanitarian Aid and Civil Protection) 2 2 EMPL (Employment, Social Affairs and Inclusion) 5 5 ENER (Energy) ENV (Environment) ESTAT (Eurostat) 6 4 FISMA (Financial Stability, Financial Services and Capital markets Union) 8 8 FPI (Service for Foreign Policy Instruments) 4 4 GROW (Internal Market, Industry, Entrepreneurship and SMEs) HOME (Migration and Home Affairs) JUST (Justice and Consumers) MARE (Maritime Affairs and Fisheries) 4 3 MOVE (Mobility and Transport) NEAR (Neighbourhood and Enlargement Negotiations) 3 3 OLAF (European Anti-Fraud Office) 1 1 REGIO (Regional and Urban Policy) 1 1 RTD (Research and Innovation) 5 5 SANTE (Health and Food Safety) SG (Secretariat-General) 3* 3* TAXUD (Taxation and Customs Union) TRADE (Trade) TOTAL: * Including the (for the needs of the comitology register, the is registered as a under the responsibility of the Secretariat-General; in practice, it is managed by all services concerned). In 2017, the comitology s could generally be broken down according to the type of procedure under which they operated (advisory procedure, examination procedure, regulatory procedure with scrutiny see Table II). Certain s which applied multiple procedures have been separated from s operating under a single procedure. 13 For more details see: 3

5 TABLE II NUMBER OF COMMITTEES BY PROCEDURE Type of procedure with scrutiny Operates under several procedures TOTAL: AGRI BUDG CLIMA CNECT DEVCO DIGIT EAC ECFIN ECHO EMPL ENER ENV ESTAT FISMA FPI GROW HOME JUST MARE MOVE NEAR OLAF REGIO RTD SANTE SG * TAXUD TRADE TOTAL: * Including the. The number of s is not the only indicator of activity at comitology level. The number of meetings held, as well as the number of written procedures 14 used in 2017, also reflects the intensity of work in general, both at sector level and in individual s (Table III). 14 The voting can take place in a regular meeting or, in duly justified cases, by written procedure, in accordance with Article 3(5) of the Comitology Regulation. 4

6 TABLE III NUMBER OF MEETINGS AND WRITTEN PROCEDURES Number of s AGRI BUDG CLIMA CNECT DEVCO DIGIT EAC ECFIN ECHO EMPL ENER ENV ESTAT FISMA FPI GROW HOME JUST MARE MOVE NEAR OLAF REGIO RTD SANTE SG 3 5 8* 0 1* TAXUD TRADE TOTAL * 8 meetings of the Number of opinions and implementing acts/ measures As always, this report provides overall figures on the formal opinions delivered by the s and the subsequent implementing acts/measures by the Commission 15. These figures quantify the tangible output of the s (see Table IV). Out of the total number of draft implementing acts submitted to the ss in 2017, the European Parliament 9 resolutions on the basis of Article 11 of the Comitology Regulation, while the Council has not any such resolution. 15 It is to be noted that there can be discrepancies between the number of opinions and the number of implementing acts/measures in any given year. The reasons for these are explained in the introduction to the accompanying staff working document. 5

7 TABLE IV NUMBER OF OPINIONS AND IMPLEMENTING ACTS/MEASURES ADOPTED Opinions 16 Implementing Acts procedure with scrutiny - measures AGRI BUDG CLIMA CNECT DEVCO DIGIT EAC ECFIN ECHO EMPL ENER ENV ESTAT FISMA FPI GROW HOME JUST MARE MOVE NEAR OLAF REGIO RTD SANTE SG 11 16* TAXUD TRADE TOTAL * Including 16 opinions delivered by the and 17 acts of the The met 8 times and was consulted by written procedure once during 2017, and discussed 16 draft implementing acts (in the areas of health and consumer policy and trade) which were referred by the Commission. The delivered no opinion in 15 cases and a favorable opionion once. The Commission decided to adopt 17 implementing acts of which one was voted on by the in Use of the regulatory procedure with scrutiny As mentioned under Section 1, the regulatory procedure with scrutiny has not been affected by the comitology reform of This procedure can no longer be used in new legislation, but it still appears in many existing basic acts and will continue to apply under those acts until they are aligned. In measures were according to the regulatory procedure with scrutiny (see Table V). The right to oppose was used once, by the European Parliament. In 2016, by comparison, the right to oppose was also used once. 16 A vote resulting in "no opinion" is counted towards the total number of opinions. 6

8 TABLE V NUMBER OF MEASURES ADOPTED ACCORDING TO THE REGULATORY PROCEDURE WITH SCRUTINY procedure with scrutiny - measures European Parliament opposed adoption of draft measures Council opposed adoption of draft measures AGRI BUDG CLIMA CNECT DEVCO DIGIT EAC ECFIN ECHO EMPL ENER ENV ESTAT FISMA FPI GROW HOME JUST MARE MOVE NEAR OLAF REGIO RTD SANTE SG TAXUD TRADE TOTAL DETAILED INFORMATION ON THE ACTIVITIES OF THE COMMITTEES The working document accompanying this report provides detailed information about the work of the individual s in 2017, broken down on the basis of the different Commission departments concerned. 4. CONCLUSION The European Parliament and the Council are invited to take note of this Report. 7

9 EUROPEAN COMMISSION Brussels, SWD(2018) 432 final COMMISSION STAFF WORKING DOCUMENT Accompanying the document REPORT FROM THE COMMISSION ON THE WORKING OF THE COMMITTEES DURING 2017 {COM(2018) 675 final} EN EN

10 Table of Contents Introduction... 2 Agriculture and Rural Development (AGRI)... 3 Budget (BUDG)... 5 Climate Action (CLIMA)... 5 Communications Networks, Content and Technology (CNECT)... 6 Economic and Financial Affairs (ECFIN)... 8 Education and Culture (EAC)... 9 Employment, Social Affairs and Inclusion (EMPL)... 9 Energy (ENER) Environment (ENV) European Anti-Fraud Office (OLAF) Eurostat (ESTAT) Financial Stability, Financial Services and Capital Markets Union (FISMA) Health and Food Safety (SANTE) Humanitarian Aid and Civil Protection (ECHO) Informatics (DIGIT) Internal Market, Industry, Entrepreneurship and SMEs (GROW) International Cooperation and Development (DEVCO) Justice and Consumers (JUST) Maritime Affairs and Fisheries (MARE) Migration and Home Affairs (HOME) Mobility and Transport (MOVE) Neighbourhood and Enlargement Negotiations (NEAR) Regional and Urban Policy (REGIO) Research and Innovation (RTD) Secretariat-General (SG) Service for Foreign Policy Instruments (FPI) Taxation and Customs Union (TAXUD) Trade (TRADE)

11 INTRODUCTION This working document gives details of the s that assist the Commission in each policy sector and snapshots of their activities in It lists all the s for which each Commission department is responsible, whether they are still active or not, in order to provide transparency with regard to policy sector activities. The comments below the tables highlight any important changes (e.g. the creation, transfer or abolition of s or procedures) together with any cases referred to the and, for the regulatory procedure with scrutiny, any cases referred to the Council (in cases where the issued a negative opinion or no opinion) or in which the European Parliament or the Council opposed the adoption of a measure during the year in question. Details of each, such as basic legal acts and applicable comitology procedure(s), are available in the Comitology Register: Explanatory remarks The following explanations are intended to help the reader to better understand the statistical data, and in particular, why the total number of positive opinions may differ from the total number of implementing acts/measures in a specific sector: Opinions delivered by the s may concern various types of instruments: draft Commission acts (directives, regulations), decisions designed to regulate a specific legal situation, or decisions funding projects under one of the many EU programmes. The impact of the s opinion varies, depending on the procedure. Under the examination procedure, following a positive opinion the Commission adopts the implementing act. It may also adopt an implementing act if no opinion is given (although the has taken a vote 1 ), with the exception of the following three cases: where the draft implementing act concerns certain sensitive areas 2 ; where the basic legal act provides that the draft implementing act may not be where no opinion is delivered; or where a simple majority of the members of the opposes the draft. Following a negative opinion, the Commission cannot adopt the implementing act. However, in cases of a negative opinion or no opinion with a blocking effect, if the Commission deems the act necessary it can continue the procedure by either amending the draft implementing act and submitting the revised version to the (same) or by referring the original draft to the. If the Commission refers the draft implementing act to the and the delivers a positive opinion, the Commission adopts the implementing act. The Commission may also adopt the implementing act if the gives no opinion. If the delivers a negative opinion, the Commission cannot adopt the implementing act. Under the advisory procedure, the s opinion is not legally binding, but the Commission must take the utmost account of the conclusions drawn from the discussions within the and of the opinion delivered before deciding on the draft implementing act. Under the regulatory procedure with scrutiny, following a positive opinion, the Commission adopts the measure. If a negative opinion or no opinion is given, the Commission submits a proposal on the measure to the Council, which then has the power to decide (see Cases referred to the Council). In addition, the European Parliament and the Council can oppose the adoption of a draft measure, even if the has given a positive opinion. 1 2 This is the situation if no majority is obtained for either a positive or a negative opinion. Taxation, financial services, the protection of the health or safety of humans, animals or plants, or definitive multilateral safeguard measures. 2

12 RPS measures The total number of positive opinions delivered by s may differ from the number of implementing acts/measures by the Commission in a given sector, if opinions are delivered one year but the instruments are not until the following year. A number of s had no activity at all in the reporting year. This is indicated by the figure 0 in all columns. AGRICULTURE AND RURAL DEVELOPMENT (AGRI) C03800 C03900 C04000 C04300 C06500 C06700 C41600 C42900 on Agricultural Structures and Rural Development (STAR ) on the conservation, characterisation, collection and utilisation of genetic resources in agriculture COMMITTEE FOR THE FARM ACCOUNTANCY DATA NETWORK (FADN) for Spirit Drinks on Organic Production Standing Forestry (SFC) Agricultural Product Quality Policy for the Common Organisation of the Agricultural Markets (EC) No 1083/2006 (EC) No 1085/2006 (EC) No 870/2004 (EC) No 1217/ /2008 (EEC) No 2092/91 (EC) No 834/ /309/EC Euratom: Decision 89/367/EEC: Council Decision REGULATION (EU) No 1151/ /2013 (EU) No 1370/2013 COUNCIL REGULATION (EC) No 3/ / /309/EC,Euratom:

13 RPS measures Decision 1306/2013 C43200 C43400 C43500 C50200 Rural Development for direct payments on the Agricultural Funds 1305/ / / / / / on Aromatised Wine Regulation 251/2014 Products Total Abolished (or transferred) (s): C Standing Forestry (SFC) Basic legal act: 89/367/EEC: Council Decision of 29 May 1989 setting up a Standing Forestry. The work of this falls under the rules governing Commission expert groups and is therefore listed in the exeprt groups register and no longer in the comitology register. Abolished on 14/07/2017 C04200 Implementation on Aromatised Wine-based Drinks, abolished on 27/3/2015, replaced by C50200 on Aromatised Wine Products C26300 on the Agricultural Funds, abolished on 31/12/2013 C26500 Rural Development, abolished on 31/12/2014 C35000 Management for the Common Organisation of Agricultural Markets, abolished on 01/01/2014 C38000 for the Common Organisation of Agricultural Markets, abolished on 01/01/2014 C40900 for the Common Organisation of Agricultural Markets, abolished on 01/01/2014 4

14 RPS measures RPS measures BUDGET (BUDG) C25500 C25600 on the Communities' Own Resources (ACOR) (EC, Euratom) No 1150/2000 (EEC, Euratom) No 1553/89 COUNCIL REGULATION (EU, Euratom) No 608/2014 (EU, Euratom) No 609/2014 (EC) No 58/ for Executive Agencies Total CLIMATE ACTION (CLIMA) C12700 C13600 for the application of the directive relating to the availability of consumer information on fuel economy and CO2 emissions in respect of the marketing of new passenger cars Climate Change 1999/94/EC 2003/87/EC Decision No 280/2004/EC 2002/358/EC: Council Decision 2009/31/EC Decision No 406/2009/EC REGULATION (EC) No 443/2009 REGULATION (EU) No 510/2011 COMMISSION DECISION 525/ /

15 RPS measures RPS measures C13800 C37800 C47200 on ozone depleting substances The on Fuel Quality on fluorinated greenhouse gases 2037/ / / /30/EC 517/ Total COMMUNICATIONS NETWORKS, CONTENT AND TECHNOLOGY (CNECT) C14800 C15400 C15600 C42504 SOGIS - on information systems security (SOG-IS) COCOM - Communications (COCOM) - framework directive 2002/21/EC RSC Radio Spectrum - Decision n 676/2002/EC Programme for the specific programme implementing Horizon the Framework Programme for Research and Innovation ( ) - Configuration Information and communication technologies (ICT) 92/242/EEC: Council Decision DIRECTIVE 2002/19/EC DIRECTIVE 2002/22/EC Decision No 626/2008/EC REGULATION (EC) No 733/ /21/EC 2002/58/EC 531/2012 Decision No 676/2002/EC Decision No 243/2012/EU 2013/743/EU COUNCIL DECISION

16 RPS measures C47300 C49400 C49600 eidas Network and Information Systems Security WEB ACCESSIBILITY DIRECTIVE COMMITTEE 910/2014 (EU) 2016/1148 (EU) 2016/ Total *C42504 Configuration Information and communication Technologies (ICT) is a section of C42500 The Programme for the specific programme implementing Horizon the Framework Programme for Research and Innovation ( ) reported under RESEARCH AND INNOVATION (RTD. For other configurations of this, see RESEARCH AND INNOVATION (RTD and INTERNAL MARKET, INDUSTRY, ENTREPRENEURSHIP AND SMES (GROW)'. Newly created (or transferred) (s): Abolished (or transferred) (s): New procedures attributed to existing : Cases referred to the, specification of the outcome of the vote: Cases referred to the Council*, specification of outcome of Council meeting and date/reference of adoption: (* Due to unfavourable or absence of opinion (under procedure with scrutiny) Oppositions by EP to the adoption of measures under RPS: Oppositions by Council to the adoption of measures under RPS: Case Law or other cases of particular interest: 7

17 RPS measures ECONOMIC AND FINANCIAL AFFAIRS (ECFIN) C45000 on macrofinancial assistance Council Decision No 2014/215/EU Decision No 534/2014/EU Decision No 1351/2013/EU Decision No 1025/2013/EU Decision No 778/2013/EU Decision (EU) 2015/601 Decision (EU) 2016/1112 Decision (EU) 2017/1565 Decision (EU) 2016/ Total Newly created (or transferred) (s): Abolished (or transferred) (s): New procedures attributed to existing : Cases referred to the, specification of the outcome of the vote: Cases referred to the Council*, specification of outcome of Council meeting and date/reference of adoption: (* Due to unfavourable or absence of opinion (under procedure with scrutiny) Oppositions by EP to the adoption of measures under RPS: Oppositions by Council to the adoption of measures under RPS: Case Law or other cases of particular interest: 8

18 RPS measures RPS measures EDUCATION AND CULTURE (EAC) C43900 C44200 "Creative Europe" Programme 1295/ Erasmus+ 1288/ Total EMPLOYMENT, SOCIAL AFFAIRS AND INCLUSION (EMPL) C03200 for the technical adaptation of legislation on the introduction of measures to encourage improvements in the safety and health of workers at work 89/391/EEC 98/24/EC 2002/44/EC 2004/40/EC 92/104/EEC 93/103/EC 98/24/EC 1999/92/EC 2003/10/EC DIRECTIVE 2006/25/EC 2009/148/EC 89/654/EEC 2000/54/EC 2004/37/EC 90/270/EEC 90/269/EEC 89/656/EEC DIRECTIVE 2009/104/EC 92/57/EEC 92/58/EEC 92/91/EEC

19 RPS measures RPS measures C03300 C42600 C45500 C48700 for the technical adaptation of legislation on the minimum safety and health requirements for improved medical treatment on board vessels (EaSI) for the Fund for European Aid to the Most Deprived (EURES) 92/29/EEC 1296/ / / Total ENERGY (ENER) C06800 C07900 C08100 C08200 for the technical adaptation of the Community procedure to improve the transparency of gas and electricity prices charged to industrial end-users on Ecodesign and Energy Labelling of Energy related Products on the implementation of common rules on the transport, distribution, supply and storage of natural gas Electricity cross-border 90/377/EEC 2008/92/EC 92/75/EEC 2005/32/EC 2009/125/EC 2017/ /55/EC 1775/ / /73/EC 1228/ / /72/EC

20 RPS measures C09300 C33100 C37300 Energy Performance of Buildings for the nuclear decommissioning assistance programme on Renewable Energy Sources 2002/91/EC 2006/32/EC 2010/31/EU (Euratom) No 549/2007 (EC) No 1990/2006 Protocol concerning the conditions and arrangements for admission (Euratom) No 1369/2013 (Euratom) No 1368/ /28/EC C37500 on the Sustainability of Biofuels and Other Bioliquids 2009/28/EC C38500 C41000 C41200 C42100 C45100 on the labelling of tyres 1222/2009 for the oil COUNCIL stocks directive DIRECTIVE (2009/119/EC) 2009/119/EC Energy Efficiency 2012/27/EU ( 2012/27/EU) THE COMMITTEE ON THE IMPLEMENTING RULES OF REGULATION (EU) No 1227/2011 OF THE EUROPEAN PARLIAMENT AND 1227/2011 OF THE COUNCIL ON WHOLESALE ENERGY MARKET INTEGRITY AND TRANSPARENCY on safety of offshore oil and gas 2013/30/EU operations Total Newly created (or transferred) (s): 11

21 RPS measures Abolished (or transferred) (s): C for the technical adaptation of the Community procedure to improve the transparency of gas and electricity prices charged to industrial end-users Basic legal act: 2008/92/EC of the European Parliament and of the Council of 22 October 2008 concerning a Community procedure to improve the transparency of gas and electricity prices charged to industrial end-users (recast). End of validity 28/02/2017 New procedures attributed to existing : Cases referred to the, specification of the outcome of the vote: Cases referred to the Council*, specification of outcome of Council meeting and date/reference of adoption: (* Due to unfavourable or absence of opinion (under procedure with scrutiny) Oppositions by EP to the adoption of measures under RPS: Oppositions by Council to the adoption of measures under RPS: Case Law or other cases of particular interest: ENVIRONMENT (ENV) C11100 C11300 C11400 for implementation of the directive on packaging and packaging waste for implementing the directive establishing a Community policy regarding water for the adaptation to scientific and technical progress and implementation of the directive on protection of waters against pollution caused by nitrates from agricultural sources European Parliament and 94/62/EC 2007/60/EC 2000/60/EC 2006/118/EC 2008/105/EC 91/676/EEC

22 RPS measures C11600 C11800 C11900 C12400 C12500 C13100 C13400 C13700 for the adaptation to scientific and technical progress and implementation of the directive on urban waste water treatment for the adaptation to scientific and technical progress of the directive on conservation of wild birds (ORNIS) for the adaptation to technical and scientific progress of the directive on the quality of water intended for human consumption for the adaptation to technical progress of legislation to remove technical barriers to trade in dangerous substances and preparations for the adaptation to technical progress of the directive on the control of volatile organic compound emissions resulting from the storage of petrol and its distribution from terminals to service stations (VOC) for the protection of species of wild fauna and flora by regulating trade therein on the conservation of natural habitats and of wild fauna and flora (HABITAT) Management for application of the directive on the standardisation and rationalisation of reports on the implementation of certain directives relating to the environment 91/271/EEC 79/409/EEC 2009/147/EC 98/83/EC 689/ /548/EEC 304/ /2004 European Parliament and 94/63/EC (EC) No 338/ / /43/EEC 91/692/EEC 2008/1/EC 1999/13/EC 2000/76/EC 96/82/EC

23 RPS measures C14000 C30200 C33500 C33600 C33800 C34300 C35500 C36400 C37000 of Competent Authorities established under the directive on the control of major-accident hazards involving dangerous substances (Seveso 2012/18/EU) on the implementation of the European PRTR for the implementation of the on Sulphur content in Marine Fuels on Infrastructure for Spatial Information in the European Community (INSPIRE) Forest Law Enforcement Governance and Trade (FLEGT) for the adaptation to technical progress of 2006/7/EC concerning the management of bathing water quality The Ambient Air Quality for implementing the marine strategy framework directive The for the adaptation to scientific and technical progress and implementation of 2008/98/EC on waste 96/82/EC 2012/18/EU 166/ /32/EC (EU) 2016/ /2/EC (EC) No 2173/2005 REGULATION (EU) No 995/ /7/EC 2008/50/EC DIRECTIVE 2004/107/EC DIRECTIVE 2001/81/EC (EU) 2016/ /56/EC 2008/98/EC 2012/19/EU 2011/65/EU 2002/95/EC 96/59/EC 1013/ / /31/EC 91/689/EEC 2006/66/EC 2000/53/EC

24 RPS measures 2006/21/EC 2002/96/EC 2006/12/EC C38700 C38800 C40000 C40800 C42200 C43600 C46900 C47600 C48100 C49700 for the adaptation to technical progress and application of the Community award scheme for an ecolabel (ECO-LABEL) on the Community ecomanagement and audit scheme (EMAS) Industrial Emissions (IED) Article 75 66/ /2009 DIRECTIVE 2010/75/EU 2004/42/CE Animals in Science DIRECTIVE 2010/63/EU for the adaptation to technical progress of the directive on the Stage II control of volatile organic compound 2009/126/EC emissions resulting from the refuelling of motor vehicles at service stations (VOC) LIFE for Environment and 1293/2013 Climate Action "Access and benefit sharing" 511/2014 on invasive alien species 1143/ Ship Recycling Regulation N 1257/ The Mercury Regulation Art / Total

25 RPS measures RPS measures Newly created (or transferred) (s): C The Mercury Regulation Art. 22 Basic legal act: 2017/852 of the European Parliament and of the Council of 17 May 2017 on mercury, and repealing 1102/2008. Entered into force 13/06/2017 EUROPEAN ANTI-FRAUD OFFICE (OLAF) C25700 The Regulation 515/97 (EC) No 515/97 Total EUROSTAT (ESTAT) C25000 C25100 on the harmonisation of gross national income at market prices (GNI ) on the harmonisation of the compilation of gross national product at market prices (GNP) (EC, Euratom) No 1287/ /130/EEC, Euratom C25300 Standing for Agricultural Statistics (SCAS) 72/279/EEC: Council Decision 1166/ /

26 RPS measures C37100 European Statistical System (ESS ) 223/ / /2008 Council Council 1165/98 808/ / / / /2006 (EC) No 530/ / / / /2007 Decision No 1608/2003/EC 1552/ / /2008 Decision No 1297/2008/EC 2150/2002 (EEC) No 3924/91 177/ / / /42/EC 1099/2008 (EC) No 1172/98 (EC) No 577/ /

27 RPS measures RPS measures 716/ / / / /16/EC 762/ / / / / / / / / / /1952 Total FINANCIAL STABILITY, FINANCIAL SERVICES AND CAPITAL MARKETS UNION (FISMA) C16200 C16400 Accounting European Banking 1606/ /49/EC 2006/48/EC 2004/10/EC: Commission Decision 575/ /36/EU

28 RPS measures C16900 C17000 C17100 C26700 C37200 C48400 European Securities European Insurance and Occupational Pensions Financial Conglomerates Audit Payments Accounting 2003/6/EC 2004/109/EC 2001/34/EC 2003/71/EC 2009/65/EC 1060/ /25/EC 2011/61/EU 648/ / / /2014 First 73/239/EEC 91/675/EEC 92/49/EEC 98/78/EC 2002/83/EC 2009/138/EC /87/EC 2006/43/EC DIRECTIVE 2007/64/EC 2009/110/EC /34/EU Total Newly created (or transferred) (s): Abolished (or transferred) (s): New procedures attributed to existing : Cases referred to the, specification of the outcome of the vote: 19

29 RPS measures Cases referred to the Council*, specification of outcome of Council meeting and date/reference of adoption: (* Due to unfavourable or absence of opinion (under procedure with scrutiny) Oppositions by EP to the adoption of measures under RPS: Oppositions by Council to the adoption of measures under RPS: Case Law or other cases of particular interest: HEALTH AND FOOD SAFETY (SANTE) C o d e Title Basic Legal Act C01300 C02500 C02900 C12200 for the adaptation to technical progress of the directives on the removal of technical barriers to trade in colouring matters which may be added to medicinal products Standing on medicinal products for human use Standing on veterinary medicinal products for the adaptation to technical progress and implementation of the directive on 78/25/EEC 1394/ / / /20/EC 141/ /83/EC 2001/82/EC 536/2014 (EEC) No 2377/90 726/ /82/EC 470/ /18/EC 1830/

30 RPS measures C o d e Title Basic Legal Act the deliberate release into the environment of genetically modified organisms C13900 C19300 C19800 C19900 C20400 C20401 Standing on Biocidal Products Tobacco Products Committe on the quality and safety of blood Standing for Community protection of plant variety rights Standing on Plants, Animals, Food and Feed Standing on Plants, Animals, Food and Feed - Section "Phytopharmaceutic als- Pesticide residues" 98/8/EC 528/ /37/EC 2002/98/EC (EC) No 2100/94 178/ / / /

31 RPS measures C o d e Title Basic Legal Act C20402 Standing on Plants, Animals, Food and Feed - Section: "Animal health and animal welfare" 1774/ / / / / /894/EEC 2001/89/EC 2004/68/EC 2002/99/EC 1760/ /2009 Council Decision 2009/470/EC 2000/75/EC 882/2004 (EC) No 21/ /65/EEC 853/ /662/EEC 2003/85/EC 2005/94/EC 2006/88/EC 2009/158/EC 90/429/EEC COUNCIL REGULATION (EC) No 1/ /28/EC 90/427/EEC 2009/156/EC (EC) No 1234/ /407/EEC

32 RPS measures C o d e Title Basic Legal Act C20403 C20404 Standing on Plants, Animals, Food and Feed - Section: "Animal nutrition" Standing on Plants, Animals, Food and Feed - Section: "Biological safety of the food chain" 91/68/EEC 64/432/EEC 2000/258/EC: Council Decision 90/425/EEC 2002/60/EC 652/ /71/EC 92/119/EEC 1831/ /32/EC 178/ / / /2005 REGULATION (EC) No 852/ / / /2003 DIRECTIVE 2003/99/EC 178/ / / /108/EEC 2009/470/EC: Council Decision 1999/2/EC 64/432/EEC 2004/68/EC 2002/99/EC 652/ /78/EC

33 RPS measures C o d e Title Basic Legal Act C20405 Standing on Plants, Animals, Food and Feed - Section: "Controls and import conditions" 854/ / /2004 REGULATION (EC) No 852/ / / /23/EC 1774/ /68/EC 97/78/EC 2009/156/EC 92/65/EEC 90/429/EEC 2009/158/EC 2002/99/EC 89/556/EEC 88/407/EEC 998/ /132/EC: Council Decision 91/496/EEC Council Decision 2000/258/EC 92/118/EEC 2006/88/EC REGULATION (EU) No 576/2013 COUNCIL DECISION 1999/201/EC

34 RPS measures C o d e Title Basic Legal Act C20406 C20407 C20408 Standing on Plants, Animals, Food and Feed - Section: "General food law" Standing on Plants, Animals, Food and Feed - Section: "Phytopharmaceutic als - Legislation" Standing on Plants, Animals, Food and Feed - Section: "Novel Food and Toxicological safety of the food chain" 1924/ /13/EC 882/ / /39/EC 1925/ /46/EC 178/ /54/EC 1999/4/EC 2000/36/EC 2065/ /496/EEC 1169/ / / /414/EEC 1935/ / / /2004 COUNCIL REGULATION (EEC) No 315/ / /32/EC 1999/2/EC 96/23/EC 1332/ /2008 REGULATION (EC) No 852/

35 RPS measures C o d e Title Basic Legal Act 2065/ /97 470/ /2283 C20409 C20410 C20411 C20412 Standing on Plants, Animals, Food and Feed - Section on Genetically modified food and feed and environmental risk Standing on Plants, Animals, Food and Feed - section "Plant Health" Standing on Plants, Animals, Food and Feed - section "Propagating Material of Ornamental Plants" Standing on Plants, Animals, Food and Feed - section "Propagating Material and Plants of Fruit Genera and Species" REGULATION (EC) No 1829/ / / / /309/EC,Eurat om: Decision 228/ /29/EC 2016/ /56/EC 92/34/EEC 2008/90/EC

36 RPS measures C o d e Title Basic Legal Act C20413 C20414 C20415 C20500 C26100 C40200 C40600 C42300 C46600 Standing on Plants, Animals, Food and Feed - section "Seeds and Propagating Material for Agriculture and Horticulture" Standing on Plants, Animals, Food and Feed - section "Forest Reproductive Material" Standing on Plants, Animals, Food and Feed - section Vine Standing on Zootechnics Tissues and Cells on cross-border healthcare on organ transplantation COMMITTEE ON SERIOUS CROSS- BORDER THREATS TO HEALTH of the third Programme of Community action in the field of health 2002/57/EC 66/402/EEC 2002/56/EC 2002/53/EC 2002/55/EC 2008/72/EC 66/401/EEC 2002/54/EC 2002/309/EC,Eurat om: Decision 1999/105/EC COUNCIL DIRECTIVE 77/504/EEC 94/28/EC 90/427/EEC 2009/156/EC 2016/ /23/EC 2011/24/EU 2010/53/EU DECISION No 1082/2013/EU 282/

37 RPS measures C o d e Title Basic Legal Act ( ) C47500 C47900 for the adaptation to technical progress and implementation of the directive on the contained use of genetically modified micro-organisms Tobacco Products 2009/41/EC DIRECTIVE /40/EU Total Abolished (or transferred) (s): C Standing on plant health (SCPH) The comitology provisions have been integrated under the SC for Plants, Animals, Food and Feed (C20400) and this will not be listed separately in the report any longer C Standing on propagating material and ornamental plants The comitology provisions have been integrated under the SC for Plants, Animals, Food and Feed (C20400) and this will not be listed separately in the report any longer C Standing on propagating material and plants of fruit genera and species The comitology provisions have been integrated under the SC for Plants, Animals, Food and Feed (C20400) and this will not be listed separately in the report any longer C Standing on seeds and propagating material for agriculture, horticulture and forestry (SCS) The comitology provisions have been integrated under the SC for Plants, Animals, Food and Feed (C20400) and this will not be listed separately in the report any longer Cases referred to the, specification of the outcome of the vote: C for the adaptation to technical progress and implementation of the directive on the deliberate release into the environment of genetically modified organisms AC 27/03/ Draft COMMISSION IMPLEMENTING DECISION of XXX concerning the placing on the market for cultivation of genetically modified maize 1507 (DAS-Ø15Ø7-1) seeds, pursuant to 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms (No Opinion) AC 27/03/ Draft COMMISSION IMPLEMENTING DECISION of XXX concerning the placing on the market for cultivation of genetically modified maize Bt11, pursuant to 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms (SYN-BTØ11-1) seeds (No Opinion) C Standing on Plants, Animals, Food and Feed - Section on Genetically modified food and feed and environmental risk 28

38 AC 27/03/ Draft COMMISSION IMPLEMENTING REGULATION (EU) /... of XXX renewing the authorisation for the placing on the market for cultivation of genetically modified maize MON 810 (MON-ØØ81Ø-6) seeds, pursuant to 1829/2003 of the European parliament and of the Council on genetically modified food and feed (No Opinion) AC 27/03/ Draft COMMISSION IMPLEMENTING DECISION of XXX authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize Bt MIR GA21, and genetically modified maize combining two, three or four of the events Bt11, 59122, MIR604, 1507 and GA21 pursuant to 1829/2003 of the European parliament and of the Council on genetically modified food and feed (No Opinion) AC 16/05/ Draft COMMISSION IMPLEMENTING DECISION of XXX authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize DAS , pursuant to 1829/2003 of the European parliament and of the Council on genetically modified food and feed (No Opinion) AC 16/05/ Draft COMMISSION IMPLEMENTING DECISION of XXX authorising the placing on the market of products containing, consisting of, or produced from genetically modified cotton GHB119 (BCS-GHØØ5-8) pursuant to Regulation No (EC) 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (No Opinion) AC 12/07/ Draft COMMISSION IMPLEMENTING DECISION of XXX authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean DAS , pursuant to 1829/2003 of the European parliament and of the Council on genetically modified food and feed (No Opinion) AC 14/09/ COMMISSION IMPLEMENTING DECISION authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean DAS , pursuant to 1829/2003 of the European parliament and of the Council on genetically modified food and feed (No Opinion) AC 14/09/ COMMISSION IMPLEMENTING DECISION authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean FG72 A , pursuant to 1829/2003 of the European parliament and of the Council on genetically modified food and feed (No Opinion) AC 19/10/ Draft COMMISSION IMPLEMENTING DECISION of XXX authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean (DP-3Ø MON-Ø4Ø32-6) pursuant to 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (No Opinion) AC 19/10/ Draft COMMISSION IMPLEMENTING DECISION of XXX authorising the placing on the market of products containing, consisting of, or produced from genetically modified oilseed rapes MON Ms8 Rf3 (MON-883Ø2-9 ACSBNØØ5-8 ACS-BNØØ3-6), MON Ms8 (MON-883Ø2-9 ACSBNØØ5-8) and MON Rf3 (MON-883Ø2-9 ACS-BNØØ3-6) pursuant to 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (No Opinion) AC 19/10/ Draft COMMISSION IMPLEMENTING DECISION of XXX renewing the authorisation for the placing on the market of products containing, consisting of, or produced from genetically modified maize 1507 (DAS-Ø15Ø7-1) pursuant to 1829/2003 of the European Parliament and of the Council (No Opinion) C Standing on Plants, Animals, Food and Feed - Section Phytopharmaceuticals Legislation AC 12/07/ COMMISSION IMPLEMENTING REGULATION (EU) /... of XXX concerning the non-renewal of approval of the active substance picoxystrobin, in accordance with 29

39 RPS measures RPS measures 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing 540/2011 (No Opinion) AC 27/11/ Draft COMMISSION IMPLEMENTING REGULATION (EU) /... of XXX renewing the approval of the active substance glyphosate in accordance with 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Implementing 540/2011 (Positive Opinion) Oppositions by EP to the adoption of measures under RPS: C Standing on Plants, Animals, Food and Feed - Section Phytopharmaceuticals Legislation (meeting 04/07/2017) - COMMISSION REGULATION amending Annex II to Regulation (EC) No 1107/2009 by setting out scientific criteria for the determination of endocrine disrupting properties (EP Opposion 04/10/2017) HUMANITARIAN AID AND CIVIL PROTECTION (ECHO) C24700 C43800 Humanitarian Aid (EC) No 1257/ Civil Protection Decision No 1313/2013/EU Total INFORMATICS (DIGIT) C48600 on Interoperability Solutions for European Public Administrations, Businesses and Citizens (ISA² ) Decision (EU) 2015/ Total

40 RPS measures INTERNAL MARKET, INDUSTRY, ENTREPRENEURSHIP AND SMES (GROW) C00200 Machinery 2006/42/EC C00300 C00400 C00600 C00700 C00900 C01100 C01400 C02000 C02200 on the approximation of the laws of the Member States relating to medical devices for harmonisation of national regulations relating to cableway installations designed to carry persons for the adaptation to technical progress of legislation on the removal of technical barriers to trade in detergents (CATP- DETERGENTS) for the adaptation to technical progress of legislation on the removal of technical barriers to trade in fertilisers (CATP-FERTILISERS) for the adaptation to technical progress of legislation to remove technical barriers to trade in aerosol dispensers (CATP/AEROSOLS) for the adaptation to technical progress of legislation to remove technical barriers to trade in measuring instruments Standing on Cosmetic Products on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses (EXPLOSIVES) on horizontal questions concerning trade in processed agricultural 93/42/EEC 98/79/EC 90/385/EEC /9/EC / / /324/EEC 2009/34/EC 1223/ /28/EU 510/